ashok kumar (Social Worker) 20 July 2013
Order 7 Rule 11 Application
1.Uptil what stage in a suit can an application under Order 7 Rule 11 be filed if it was not filed in teh first instance?
2.In case if the Application was filed and rejected, and meanwhile the suit proceeded, can another application under Order 7 Rule 11 be filed on the discovery of new facts which were earlier not known by the defendent
vivek malhotra (Advocate) 20 July 2013
You have every right to file the application. As you have got the information of unregistered partnership just now so the cause of action for filing the application accrued now.
ashok kumar (Social Worker) 20 July 2013
Thank U Sir!
Advocate Bhartesh goyal (advocate) 20 July 2013
Application u/o 7 r 11 of cpc can be filed at any stage of case and to decide the said application only averments made in plaint and documents submitted alongwith plaint are considered.Written Statement and documents submitted by defendant are not looked on. Second or successive application on same provision is not barred.
subrata chandra polle (advocate) 20 July 2013
in respect of 1st query ........there is no limitation, at any time during the pendency of the suit you can file, but it shouold be at the first instance.
n respect of 2nd query, yes, it is permissible. but the court will try to reder sustancial justice after full flazed trial.
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